Denied Workers Compensation: A Hostile Work Environment Is Grounds To Quit And Receive Benefits

Law Blog

Workers compensation is insurance for workers. Employers pay into the system, and when an employee is fired, laid off, or quits, they may be entitled to workers compensation benefits. When you collect these benefits, premiums for this insurance will rise for your employer. It is in the best interests of the employer to deny your claim, so that they don't have to pay more money for the insurance.

When You Have Quit Your Job

If you quit your job for no reason, you will likely be denied workers compensation benefits. Relocating to another area is not an acceptable reason to collect workers compensation. If you encountered a hostile work environment which prompted you to quit, you may be able to collect benefits.

It all depends on if you are able to prove the environment was hostile, and what steps you took to try and remedy the situation before quitting.

A Hostile Work Environment Defined

A hostile work environment is when you must continually deal with offensive conduct, or otherwise lose your job. Further, a hostile work environment is when another party creates an environment of hostility that is deemed intimidating or abusive by any reasonable person. There is some gray area in what constitutes a hostile work environment.

A boss telling you what to do is not necessarily hostile because that is their job, even if you may be offended. A boss screaming at you, getting into your personal space and clearly losing control as they are yelling, creates a hostile work environment. If you believe you are being intimidated or harassed, you need to bring this up with your supervisor immediately.

When the Harassment Continues

If you have reported hostile behavior to your supervisor and the treatment or behavior continues, it's important to report the behavior again. Put your complaint in writing, with specific language that states you believe you are being intimidated or harassed. There is little tolerance for this type of behavior in many workplaces, and it is up to you to report this behavior if you feel safe to do so.

If you can no longer work because you have made a complaint and no one has made changes, or you have to deal with behavior that is incredibly rude, aggressive or unprofessional, you can quit your job with the expectation you will eventually receive workers compensation benefits.

Your employer is likely to fight your claim, and this is why you need a qualified workers compensation attorney on your side. When it's time to appeal your workers compensation denial, we can help. To learn more, contact a company like the Law Offices Jonathan Teperson.


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